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(영문) 부산지방법원 2015.06.12 2015고합52
특정범죄가중처벌등에관한법률위반(선박교통사고도주)등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a second class mate of F (54,271 ton) who is a Liberia-registered container ship; Defendant B is a steering gear of the above ship; Defendants are engaged in navigational watch duty from 00:00 to 04:00 each day in accordance with the navigational watch; from 12:00 to 16:00 each day in accordance with the navigational watch.

On January 16, 2015, at around 03:00, the Defendants navigated the above vessel at the 10-math of the Dong-dong, Suwon-dong, Busan, to the 239 degrees and speed of 14 knotss, and sailed to the N-5 seedlings in the south of Busan.

At night, at night, G, a fishing vessel, is in operation from approximately 8 mart to about 14 marts at a distance of about 8 o-day off the front side of the above vessel, and therefore, 2nd class mate has a duty of care to prevent the traffic accident of the vessel by using all means, such as shores and radars, so as to fully grasp the risk of the collision of the vessel, and as such, 2nd class mate has a duty of care to prevent the collision of the vessel, such as making early change and speed at a sufficient time and distance, and ventilation the attention of the other vessel by using sound signal, light signal, telecommunication device, etc., and the steering waterway has a duty of care to assist the mate to grasp the movement of the surrounding vessel by using all means, such as land, etc., and to accurately report the movement of the neighboring vessel so that the mate can take preventive measures against the collision with a sufficient distance.

Nevertheless, Defendant B, by negligence that failed to perform the duty of the ebbbbbbbbbbing the above vessel, was stopped from approximately 8 knots to approximately 14 knotss at a distance away from approximately 8 miles, and did not report the movement of the vessel to the mate at a sufficient time and distance from the two vessels. Defendant A, a second class mate, prepared navigation-related documents at the above FCChead.

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